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5. WARRANTY AND LIMITATION OF LIABILITY
This Martindale product is warranted to be free
from defects in material and workmanship under
normal use and service. The warranty period
is 2 years and begins on the date of receipt by
the end user. This warranty extends only to the
original buyer or end-user customer, and does
not apply to fuses, disposable batteries, test
leads or to any product which, in Martindale’s
opinion, has been misused, altered, neglected,
contaminated, or damaged by accident or
abnormal conditions of operation, handling or
storage.
Martindale authorised resellers shall extend
this warranty on new and unused products to
end-user customers only but have no authority to
extend a greater or different warranty on behalf
of Martindale.
Martindale’s warranty obligation is limited, at
Martindale’s option, to refund of the purchase
price, free of charge repair, or replacement of a
defective product which is returned to Martindale
within the warranty period.
This warranty is the buyer’s sole and exclusive
remedy and is in lieu of all other warranties,
expressed or implied, including but not limited to
any implied warranty of merchantability or fitness
for a particular purpose. Martindale shall not
be liable for any special, indirect, incidental or
consequential damages or losses, including loss
of data, arising from any cause or theory.
Since some jurisdictions do not allow limitation of
the term of an implied warranty, or exclusion or
limitation of incidental or consequential damages,
the limitations and exclusions of this warranty
may not apply to every buyer. If any part of
any provision of this warranty is held invalid or